Evidently you also misinterpreted what I said to elicit that response. It's preposterous to think that the majority of people would publicize such an intimate part of their lives for cash. But, as I said to Sprightly, maybe you haven't run into anyone willing to do anything for a fast buck either.
To you, yes. (wrongly).
To the law, no.
Your employer is liable for the actions you take while you are acting in the interests of your employer. If he was seeing patients at JH, for JH, and getting paid by JH--they are liable.
The legal term is "respondeat superior" which is Latin for "let the superior answer."
What did Hopkins do to monitor and ensure that their facilities and employees followed their own established or recommended procedures and guidelines that a third person be present to mitigate the possibility of such doctor~patient privacy violations? Otherwise ~ why recommend such guidelines in the first place? I would be very surprised if that was not their policy.
Policies and procedures need to be systematically reviewed on a regular basis to ensure compliance. I can easily see where failure to do so might be construed as negligence that contributed to allowing of such egregious transgressions to have occurred unnoticed for an ongoing, long period of time.
But that is just my subjective opinion. How it will play out in the courts is another thing altogether.
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